Queensland Consolidated Acts

MENTAL HEALTH ACT 2000 - SECT 288AA

(1) This section applies for the purpose of the Mental Health Court deciding whether a forensic order (Mental Health Court—Disability) is to state that the person to whom the order relates is to be detained in the forensic disability service for care.

(2) If asked by the director (forensic disability), the chief executive (forensic disability) must give the director (forensic disability) a certificate stating whether or not the forensic disability service has the capacity for the person's detention and care.

(3) The director (forensic disability) may give the certificate to the court.

(4) The court may ask the director (forensic disability) to give the court a certificate of the chief executive (forensic disability) stating whether or not the forensic disability service has the capacity for the person's detention and care.

(5) If the court makes a request under subsection (4), the director (forensic disability) must give the certificate to the court within—

(a) 7 days after receiving the request; or

(b) any longer period allowed by the court.